Privacy Policy

INTRODUCTION

At 700 Harrison Ave LLC DBA Delaware Hotel (the “Company” or “we” or “us”) we are committed to protecting your privacy. This privacy policy (“Privacy Policy”) outlines our data collection, processing and usage practices. It also describes your ability to manage access and correction of your Personal Information.

The Company operates the website https://delawarehotel.com (the “Site”), the Delaware Hotel and related services, including without limitation any of our web and mobile applications that we own or control and which posts or links to this Privacy Policy now existing or implemented in the future (the “Services”). By using the Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your information in accordance with this Privacy Policy. This privacy policy covers all data collected by the Company through the Site, but is primarily intended to clarify how we collect and use information and through the Site.

This Privacy Policy also explains how we process 'personal data' about people in the European Union (“EU”), as required under the General Data Protection Regulation (“GDPR”). For people in California, we have also prepared a Supplemental Privacy Statement for California Consumers under CCPA (“California Statement”) in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Please review our California Statement attached below for more information.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use any part of the Site or Services. We will review this policy regularly, and we may update it from time to time.

1. When You Visit our Site.

When you visit the Site, you are free to view the Site without providing any Personal Information.  In order to contact or create an account with the Company or use the live chat service of the Site, you will be required to provide certain Personal Information about yourself at the Site. 

2. Definitions.

2.1 Personal Information - Personal Information means data, including personally identifiable information, about a Data Subject.

2.2 Usage Data - Usage Data is data collected automatically either generated by the use of the Site or from the Site’s infrastructure itself (for example, the duration of a page visit).

2.3 Cookies - Cookies are small pieces of data stored on your device (computer or mobile device).

2.4 Data Controller - Data Controller means the person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Information are, or are to be, processed.

For the purpose of this Privacy Policy, we are the Data Controller of your Personal Information.  You can contact us at 1305 Old Tale Road, Boulder, CO 80303 or via email at privacy@delawarehotel.com.

2.5 Data Processors (or Service Providers) - Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

2.6 Data Subject (or User) - Data Subject is any identified or identifiable individual who is using our Site and is the subject of Personal Information.

3. Information Collection and Use.  We collect several different types of information for various purposes to provide and improve our service to you.

4. Types of Data Collected.

4.1 Personal Information.  While using the Site we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personally Identifiable Information”). Personally Identifiable Information may include, but is not limited to:

• Email address

• First name and last name

• Address and Zip Code

• Phone number

• Age

• Gender

• Current and past reservation details;

• Special hotel requests;

• Lodging activity (e.g., frequency, cancellations);

• Marketing responses;

• Account settings; passwords;

• Contact information of people you add to, or notify of, your

hotel reservations through the Site;

• Reviews and other information you provide on the Site;

• Other information you may provide about yourself or others to

the Site or to which you provide us with access via third-party

platforms.

• Credit card information

• Any other information you choose to directly provide to us in

connection with your use of the Services.

We may invite comments, questions, or feedback on certain public areas of the Site. If you provide information in those public areas of the Site, and such information may read, collected, and used by us and other users of the Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with the other information we have collected from you.

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

4.2 Usage Data.  We may also collect information how the Site is accessed and used. This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

4.3 Types of Information Collected by Technology. We may receive and store certain types of information from you each time you use the Site or Services. For example, we may automatically log your browser type, language preference, precise geographic location, the date and time of your visit to the Site, any actions you take on the Site, the date and time of your visit to specific listings on the Site, your Internet Protocol (IP) address, and the website you visited before our Site. In addition, we may receive and store information about your use of the Site and Service. The technologies we use for this automatic data collection may include:

  • Cookies. Cookies are small data files stored on your hard drive by a website. Cookies are sent to your browser from a Site and stored on your device.  Among other things, cookies help us improve our Site and Services and improve your experience with our Site and Services. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze the Site.

We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them). You can set your browser to not accept cookies, but that may prevent us from providing you with the full range of Services we offer. Also, please be aware that if you visit other websites you may be required to accept cookies. The use of cookies by third parties is not covered by our Privacy Policy.

  • Web Beacons. Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

  • Clear Gifs.  We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Services. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.

4.4 Analytics: We may use third-party Service Providers to monitor and analyze the use of our Site.  We may use Google Analytics on our Site. Google Analytics is a web analytics service provided by Google. Google Analytics uses cookies to collect anonymous traffic data to help use analyze how users use the Site. The information generated by a cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for us and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes described in this Privacy Policy.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page here.

4.5 Do Not Track. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We do not respond to browser-based “do not track” signals. Some third-party sites who push content to our Site may keep track of your browsing activities over time and across different websites when they serve you content, which enables them to tailor what they present to you.

5. Use of Your Data. In general, information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. The Company uses your information: for research and marketing purposes; to facilitate the creation of your account on our network; identify you as a user in our system; to provide improved administration of our Site and Services; to improve the quality of your experience when you interact with our Site and Services; to send you e-mail notifications; to respond to your inquiries; to send promotional communications; to send upgrades and special offers related to our Services and for other marketing purposes of the Company; and to solicit your feedback. We may create anonymous or aggregated data records from your information by excluding information that makes the data personally identifiable to you (such as your name) or by compiling information about you with information from other users. We use this anonymous or aggregated data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation.  We reserve the right to use and disclose anonymous and aggregate data to third party companies for any purpose in our sole discretion.  If you provide feedback on any of our Services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your information.

6.  Disclosure of Your Information.

6.1 Disclosures. Regardless of any choices you make regarding your information (as described below), the Company may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Company; or (b) protect or defend the rights or property of the Company, users of the Services, or any other party.

6.2 Affiliates. We may share some or all of your information with any other company or individual that directly or indirectly controls, is controlled by or is under common control with the Company (each an “Affiliate”), if any, in which case we will require our Affiliates to honor this Privacy Policy. We may share your Personal Information in connection with, or during negotiations of, a transaction that alters the structure of our business, such as a reorganization, merger, sale, transfer, change of control, or other disposition of all or a portion of our business, assets or stock, including a bankruptcy or similar proceeding.  If another company acquires the Company or our assets, or an Affiliate or its assets, that company will possess the information we have collected and will assume the rights and obligations described in this Privacy Policy.

6.3 Disclosure to Third Parties. We may share your information with third party service providers that are contractually bound to safeguard your information. We may make such disclosure in order to provide you with the Services; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the Service; to process any transactions you make through our Site or Services (including without limitation credit card processing); or to provide technical support. We may also share your information with any other party with your express consent.

6.4 Third Party Websites. We may link to or frame third party websites. Our provision of a link to or frame of any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our Site and go to another site. If we display third party websites through a frame, you are on another site. During this process, another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content or their privacy practices. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or framed websites, or to any collection of data after you click on links to such outside websites.

6.5 We Never Sell Personal Information.  We will never sell your Personal Information to any third party. 

6.6 Use of Navigational Information.  We may use Navigational Information to operate and improve the Site.

6.7 Testimonials and Comments. We may post customer testimonials and comments on our Site, which may contain Personal Information. We will obtain each customer's consent via email prior to posting the customer's name and testimonial.

6.8 Security of your Personal Information.  The Site is hosted by Squarespace.  Please review the privacy policy to understand security protocols for the hosts – you can access the Squarespace privacy policy here and the Squarespace cookie policy here.  We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

6.9 Service Providers.  We may employ third party companies and individuals to facilitate our Site ("Service Providers"), to manage the Site on our behalf, to perform Support-related services or to assist us in analyzing how our Site are used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

6.10 Third-Party Payment Processor.  We use a third-party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any Personal Information or any financial information such as complete credit card numbers. Rather, all such information is provided directly to our third-party processor, Stripe, whose use of your Personal Information is governed by their privacy policy, which may be viewed here.

7. Your Choices Regarding Your Information.

7.1 Choices.  We offer you choices regarding the collection, use, and sharing of your information. When you receive communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from these third parties. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms of Use or Privacy Policy.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Service may be inaccessible or not function properly. You can choose whether or not to allow the Service to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Service may be inaccessible or not function properly.

7.2 Changes to Information. You may change any of your information in your account by sending an e-mail to us at privacy@delawarehotel.com. You may request deletion of your information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

7.3 To Unsubscribe from Our Communications. You may unsubscribe from our marketing communications by sending us email us at privacy@delawarehotel.com or postal mail to:

700 Harrison Ave LLC

1305 Old Tale Road

Boulder, CO 80303

Attention: Privacy.

Customers cannot opt out of receiving transactional emails related to their accounts with us. In addition, despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms of Use or Privacy Policy. 

8. Links to Other Site. Our Site may contain links to other sites that are not operated by us, including links to accounts on Facebook and Instagram. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit.

9. Children's Privacy

Our Websites do not address anyone under the age of 16 ("Children").

We do not knowingly collect Personally Identifiable Information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

10. Change to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

11. Dispute Resolution. If you have any questions or concerns, please contact the Company by e-mail at privacy@delawarehotel.com.  We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and the Company are unable to reach a resolution to the dispute, you and the Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) as set forth in the Terms of Use found at [INSERT LINK].

12. Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)

12.1 If you are from the European Economic Area (“EEA”), the Company’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

The Company may process your Personal Information because:

  • We need to perform a contract with you.

  • You have given us permission to do so.

  • The processing is in our legitimate interests and it is not overridden by your rights.

  • To comply with the law.

The Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes.

12.2 Transfer of Data.  Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

12.3 Disclosure of Data

Legal Requirements

The Company may disclose your Personal Information in the good faith belief that such action is necessary to:

  • To comply with a legal obligation

  • To protect and defend the rights or property of the Company

  • To prevent or investigate possible wrongdoing in connection with the Site

  • To protect the personal safety of users of the Site or the public

  • To protect against legal liability

12.4 Your Data Protection Rights Under General Data Protection Regulation (GDPR).  If you are a resident of the EEA, you have certain data protection rights. The Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us at privacy@delawarehotel.com.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. If you are unable to perform these actions yourself, please contact us to assist you at privacy@delawarehotel.com.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Information.

  • The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your Personal Information.

Please note that we may ask you to verify your identity before responding to such requests.

Please note that there are circumstances in which we may not be required to provide you with the information contained in this Privacy Policy, for example if you already have the information.

In addition, where we obtain Personal Information about you from a source other than yourself, we are not required to provide you with certain information contained in this Privacy Policy if:

  • You already have the information

  • Providing you with the information would prove impossible or would involve a disproportionate effort

  • We are under an EU or EU member state law obligation to obtain or disclose the information which provides appropriate measures to protect your legitimate interests

  • We are obliged to keep the information confidential as a result of an obligation of professional secrecy regulated by EU or EU member state law

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA.

 13. Supplemental Privacy Statement for California Consumers under CCPA

Introduction

Our business proudly serves or will serve certain natural persons residing in the State of California (each, a “consumer”). This California Statement explains rights that California consumers may have under the CCPA.

When we use the term “Personal Information” in this supplemental California Statement, we are using that term as CCPA defines it, which CCPA generally defines “Personal Information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. However, Personal Information does not include publicly available, deidentified, or aggregate consumer information (which are all defined in CCPA). Notably, the definition of “Personal Information” also does not apply to the collection of Personal Information from job applicants, employees – whether you are our employee or any employee of the entity arranging access to our Services for you, business owners, directors, officers, staff, or contractors.

13.1 Categories of Personal Information we collect, the sources of that information, purposes for why we collect it, who we share it with, and whether we sell that Personal Information.  Where we act as a “business” under CCPA (meaning we determine the manner and reasons for why we process your Personal Information), we may be required to disclose additional information regarding the categories of Personal Information we collect, the sources where we obtain that information, the purposes for why we collect that information, who we share that information with, as well as whether we sell that Personal Information – all of which depends on the specific Service.

13.2 Your privacy rights

If you are a resident of California and are not a job applicant, employee/contractor, or employee/contractor of another company interacting with us in your job role, you have the right to request what information we collect, use, and disclose. You also have the right to request that we delete your information.

To make a request, you can contact us at privacy@delawarehotel.com. Provide us enough information to verify your identify.  We will use information you provide to us to verify your request.  If we cannot initially verify your identity, we may request additional information to complete the verification process, such as, for example, a copy of your driver’s license and/or a recent utility or credit card bill.  You can designate an agent to make a request on your behalf by either: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf.  Please note that we may still require you to verify your identity before we process a request submitted by your agent.

California residents also have certain rights regarding the sale of Personal Information. California residents have the right to opt out of the sale of their Personal Information by contacting us at privacy@delawarehotel.com.

We will not discriminate against you because you have exercised any of your privacy rights under the CCPA.

 

Contact Information. We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at privacy@delawarehotel.com or contact us at the following address:

 

By Postal Mail: 700 Harrison Ave LLC

1305 Old Tale Road

Boulder, CO 80303